General terms and conditions
Summary
1.Terms
2.Conclusion of the contract
3.Right of withdrawal
4.Prices and payment methods
5.Delivery and shipping conditions
6.Granting rights to use digital content
7.Granting rights to use license keys
8.Term of Agreement and Termination of Agreement for Subscription Agreements
9.Retention of title
10.Redemption of promotional vouchers
11.Redemption of gift cards
12.Revisions and Errata
13.Changes to the conditions of use of the site
14.Limitations
15.Disclaimer
16.Applicable law
17.Alternative Dispute Resolution
1) Terms
1.1 By accessing this website, you agree to be bound by the Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to any of these terms, you are prohibited from using or accessing this site. The materials contained on this website are protected by applicable copyright and trademark laws.
1.2 These General Conditions (hereinafter "GTC") of dpdigital.it (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.3 These GTC apply accordingly to contracts for the supply of digital content, unless expressly agreed otherwise.
1.4 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.5 These GTC apply accordingly to contracts for the delivery of license keys, unless expressly agreed otherwise. The seller is obliged to provide a license key for the use of the software or content described by him as well as to grant the contractually agreed rights for the use of the respective software or content. The customer does not acquire any intellectual property in the software or content. The respective product description in the online shop of the seller is decisive for the nature of the software and the content.
1.6 A consumer within the meaning of these GTC is any natural person who, in the commercial practices covered by this title, acts for purposes which do not fall within the framework of his commercial, industrial, craft or professional activity
1.7 Digital content within the meaning of these terms and conditions means all data which is not on a physical data carrier, which is produced in digital form and made available by the seller by virtue of the granting of certain rights of use which are regulated more precisely in these Terms and Conditions.
1.8 Subject of the contract - depending on the seller's product description - can be both the purchase of goods by one-time delivery, and the purchase of goods by permanent delivery (hereinafter "subscription agreement"). With the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contractual period in the contractually obligated time intervals.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers by the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking on the button which completes the ordering process. Furthermore, the customer can also send the offer to the seller by email.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (email), in which the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
· asking the customer to pay after placing the order.
If several of the above alternatives exist, the contract is concluded when one of the above alternatives occurs first. The deadline for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer is sent. If the seller does not accept the customer's offer within the aforementioned period, a rejection of the offer is considered with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail) together with these General Terms and Conditions after the order was sent. Furthermore, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account by entering the corresponding access data, provided that the customer has created a customer account in the seller's online shop before sending your order.
2.5 Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, with the help of which the screen display is enlarged. The customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.
2.6 The languages Italian, English, German, French and Spanish are available for the conclusion of the contract.
2.7 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties responsible for fulfilling the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment methods
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including the statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment options will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later deadline.
5) Delivery and shipping conditions
5.1 The goods are delivered to the e-mail address indicated by the customer, unless otherwise agreed.
5.2 Collection by the customer is not possible for logistical reasons.
5.3 Digital content is provided to you in electronic form only as follows:
- by email and by download
5.4 Vouchers are delivered to the customer as follows:
- by email
5.5 License keys are provided to the customer as follows:
- by email
6) Concession of rights to use digital content
6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, local and temporarily unrestricted right to use the provided content for private and commercial purposes.
6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has consented to the transfer of the contractual license to third parties.
6.3 The attribution of rights takes effect only when the customer has fully paid the contractually due fee. The seller may provisionally authorize the use of the contractual content even before this time. A transfer of rights does not take place through this provisional authorization.
6.4 All logos and trademarks used are the property of their respective owners
7) Grant of License Key Use Rights
7.1 The supplied license key authorizes the customer to use the software or content shown in the respective product description to the extent described there.
7.2 The attribution of rights takes effect only when the customer has fully paid the fee due.
8) Duration and termination of subscription contracts
8.1 Subscription contracts are concluded for a limited time for the contract period stated in the respective product description in the seller's online shop and automatically terminate after expiry of the contract period.
8.2 The right to extraordinary termination for serious reasons remains unaffected. There is an important reason why the terminating party cannot be expected, taking into account all the circumstances of the individual case and weighing the interests of both parties, to continue the contractual relationship until the agreed termination or until the expiry of a notice period .
8.3 Cancellations must be made in writing or in text form (e.g. by e-mail).
9) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until full payment of the due purchase price.
10) Redemption of Promotional Coupons
10.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the period.
10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
10.3 Promotional vouchers can only be redeemed prior to completion of the ordering process. Subsequent compensation is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, it is possible to select one of the other payment methods offered by the seller to settle the difference.
10.7 The balance of a promotional voucher will not be paid in cash nor will interest be paid.
10.8 The promotional voucher is not refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
10.9 The promotional voucher is transferable. The seller can make discharging payments to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of permission, legal incapacity or lack of right to represent the respective owner.
11) Redemption of Gift Vouchers
11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the second year following the year in which the voucher was purchased. The remaining credit will be credited to the customer by the expiry date.
11.3 Gift vouchers can only be redeemed prior to completion of the ordering process. Subsequent compensation is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift Vouchers can only be used to purchase products and cannot be used to purchase further Gift Vouchers.
11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
11.7 The balance of a gift voucher is not paid in cash or bears interest.
11.8 The Gift Voucher is transferable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of permission, legal incapacity or lack of right to represent the respective owner.
12) Revisions and Errata
12.1 The materials appearing on the DPDIGITAL website could include technical, typographical, or photographic errors.
12.3 DPDIGITAL does not guarantee that any of the materials on its website are accurate, complete or up-to-date.
12.3 DPDIGITAL may make changes to the materials contained on its website at any time without notice.
12.4 DPDIGITAL, however, does not undertake to update the materials.
13) Changes to the conditions of use of the site
DPDIGITAL may change these terms of use for its website at any time without notice. By using this website you agree to be bound by the then current version of these Terms and Conditions of Use.
14) Limitations
In no event shall DPDIGITAL be liable for any damages (including, without limitation, damages for loss of data or profits, or due to business interruption) arising out of the use or inability to use the materials on the website of DPDIGITAL, even if DPDIGITAL has been advised in writing of the possibility of such damage.
15) Disclaimer
The materials on the DPDIGITAL website are provided "as is". DPDIGITAL makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights . Further, DPDIGITAL does not warrant or make any representations regarding the accuracy, likely results, or reliability of the use of the materials on its Internet website.
16) Applicable law
The law of the Italian Republic applies to all legal relationships between the parties, excluding the laws on the international purchase of movable property. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not revoked.
17) Alternative Dispute Resolution
17.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
17.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.